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SALT & LIGHT CO. v. WILLINGBORO

No. A-3393-10T1

32 A.3d 225 (2011)

423 N.J. Super. 282

The SALT & LIGHT COMPANY, INC., Plaintiff-Respondent, and Maryann Helmer, Plaintiff/Intervenor-Respondent, v. WILLINGBORO TOWNSHIP ZONING BOARD OF ADJUSTMENT, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 2011.

Attorney(s) appearing for the Case

Matthew B. Wieliczko argued the cause for appellant (Zeller & Wieliczko, attorneys; Mr. Wieliczko and Deena M. Greble , Cherry Hill, on the briefs).

Patrick F. McAndrew , Medford, argued the cause for respondent The Salt & Light Company, Inc.

Respondent Maryann Helmer has not filed a brief.

Before Judges PARRILLO, ALVAREZ and SKILLMAN.

The opinion of the court was delivered by

SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

This appeal involves a board of adjustment's denial of an application for a use variance for construction of a duplex to provide transitional housing for two homeless families in a neighborhood zoned exclusively for single-family residences. We conclude that even though the proposed duplex for the homeless would be an inherently beneficial use that satisfies...

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